TERMS AND CONDITIONS

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TERMS AND CONDITIONS

Please read these terms and conditions very carefully before using the Claimside web site, the Services or creating an account.  These terms and conditions (“Agreement”) govern your accessing Content and using www.claimside.com and/or its affiliated web sites and mobile applications.  This Agreement between you (“you”) and Claimside, is subject to change as described below.  By using the Claimside web site or Services or clicking “I Accept” when creating an account or otherwise using the webs site or Services, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Claimside.

1. This web site and any mobile application (collectively the “Site”) is owned and operated by Claimside, LLC (referred to as “Claimside” herein). The Site and its content (“Content”) and the Claimside services (“Services”) may only be accessed in accordance with this Agreement.  Any violation of the copyright in the Content or these terms and conditions may be enforced by Claimside or the copyright owner to the fullest extent allowed by law.  For the purposes of clarity, “Content” shall include “Legal Information” as defined below.

2. You acknowledge and agree that Claimside may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Claimside’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Claimside when you stop using the Services. You acknowledge and agree that if Claimside disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which are contained in your account.

3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Claimside, unless you have been specifically allowed to do so in a separate agreement with Claimside. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).  Unless you have been specifically permitted to do so in a separate agreement with Claimside, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.  You agree that you are solely responsible for (and that Claimside has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Claimside may suffer) of any such breach.

4. Claimside does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.

5. Our Site and Services provide access to independent attorneys, public adjusters, appraisers, consultants, aerial photographers, engineers, accountants, medical experts and other professionals (“Professionals”), including general information related to insurance claims and processes, the law, and the Professionals designed to help users safely cope with their own claims needs. Our sites and services also provide services to the Professionals, some of which are required by their state’s jurisdictions to obtain a license to perform their particular professional services (“Licensed Professionals”). For purposes of clarity, the term “Professionals” shall include “Licensed Professionals” when used herein below.

6. Claimside’s Services display content that is not created or developed by Claimside. This content is the sole responsibility of the person or entity that creates or develops it. Claimside may review such third party-content to determine whether it is illegal or violates its policies, and Claimside may remove or refuse to display content that it reasonably believe violates its policies or the law, but Claimside is not obligated to do so. Claimside does not regularly screen third-party content that is published via its Services. This includes the information that Professionals post on the Site (“Legal Information”), and Claimside cannot guarantee the accuracy, adequacy or quality of any such Legal Information, or the qualifications of those posting it.

7. NO FORMATION OF AN ATTORNEY-CLIENT OR OTHE PROFESSIONAL-CLIENT RELATIONSHIP. The Legal Information posted on our Site is intended for general informational purposes only and should be used only as a starting point for addressing your legal and/or insurance claim issues. The Legal Information is not the provision of legal or other professional services, and accessing such information, or corresponding with or asking questions to a lawyer or other Licensed Professional though Claimside’s Services, or otherwise using the Services, does not create an attorney-client relationship, or any other type of professional-client relationship, between you and Claimside, or you and any lawyer or other Licensed Professional. Claimside’s Services are not a substitute for an in-person or telephonic consultation with a lawyer or other professional licensed to practice in your jurisdiction about your specific legal or insurance claim issue, and you should not rely on such Legal Information. You understand that questions and answers or other postings to the Services are not confidential and are not subject to attorney-client privilege or other professional-client privilege.

8. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you. In no event shall you upload or otherwise provide or make available to Claimside and/or the Site any personally identifiable information (including, but not limited to, credit card information or social security numbers) or personal health information.

9. Claimside reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof.  Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any materials contained therein.  As between the parties, Claimside owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Claimside from performance and usage data generated through your use of the Site (collectively, “Aggregate Data”).  Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data.

10. While Claimside uses reasonable efforts to include accurate and up-to-date information on the Site, you acknowledge that Site’s Content consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. CLAIMSIDE DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMSIDE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE CONTENT OR SERVICES. THE CONTENT AND SERVICES ARE PROVIDED “AS IS.” CLAIMSIDE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Claimside assumes no liability or responsibility for any errors or representations in the Content or this Site.

11. You acknowledge that certain states and jurisdictions have special rules relating to the services of the Licensed Professionals. You should contact your state or local jurisdiction’s licensing bodies for more information.  It is solely the responsibility of the Licensed Professionals to ensure that any information or advertisements they post or place on the Site (including without limitation any Content or Legal Information), and any communications they may have with you or other prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of their profession and those controlling the form, manner or content of communications with clients, advertising, or other matters.

12. If you are a Licensed Professional participating in any aspect of our Site or Services, including but not limited to interactive areas, (a) you agree not to provide specific advice related to your Licensed Profession in any of your Content and to draft Content which is competent, appropriate, educational, and in accordance with your state licensing authority’s ethics requirements; (b) you represent and warrant that you are a Licensed Professional in good standing with a license to practice your Licensed Profession in at least one of the 50 United States of America or the District of Columbia; (c) you agree to promptly notify Claimside of any grievance, claim, reprimand, or censure brought against you, as well as any resignation or other loss of your license; and (d) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules of Conduct”) apply to all aspects of your participation and that you will abide by those Rules of Conduct. Those Rules of Conduct may include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of client relationships, including attorney-client relationships, the failure to maintain client confidences, unauthorized practice of your Licensed Profession, and misrepresentations of fact. Claimside disclaims all responsibility for your compliance with these Rules of Conduct. Claimside highly recommends that you include a disclaimer regarding the aforementioned advertising and ethics issues in any Content you post to the Site. Claimside will have no liability to you arising out of or related to your compliance or noncompliance with any such laws and rules, Rules of Conduct or related to Claimside’s inclusion of or failure to include a disclaimer.

13. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Claimside is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

14. Claimside is a platform where Professionals unaffiliated with Claimside can offer information and interact with consumers. By using Claimside Services you may engage in direct, confidential discussions of your legal and claims related issues with a Professional. Any attorney-client or other such relationship formed as a result of such discussions is between you and the Professional you speak with—not between you and Claimside. Furthermore, you understand that Claimside cannot be held responsible for the quality or accuracy of any information, Legal Information or professional services provided by any Professionals you connect with via the Claimside Services.

15. Claimside includes interactive areas where users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information (the “User Content”), provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You retain all rights in, and are solely responsible for, the User Content you post to Claimside. You are also solely responsible for your use of such interactive features, and use them at your own risk. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Claimside shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.  The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use.  Claimside has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including User Content.

16. If you post content or submit material to Claimside, you give Claimside and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display or otherwise exploit such User Content throughout the world in any media. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law.  You will defend, indemnify and hold Claimside and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

17. Claimside offers optional subscription/membership services for Professionals (“Subscription Services”). By selecting any Subscription Services you agree to pay Claimside the subscription or usage fees indicated for that Subscription Service. Payments for Subscription Services will be charged on the day your Subscription Services go into effect and will cover the use of those services for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Services. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Subscription Services you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Services fee increases. Any changes made to the Subscription Services during a given month, e.g., if you decide to obtain a different level or type of Subscription Service, will take effect in the following month.  Subscription Services must be cancelled prior to your monthly renewal in order to avoid billing of the next month’s Subscription Services fee. Subscription Services fees are not prorated or refundable.

If your payment method fails or your account is past due, Claimside reserves the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs, if any, applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing to Claimside within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

18. If you are a Professional participating in our Subscription Services, to the extent allowable under applicable law or any applicable Rules of Conduct, you agree to offer free phone consultations to users of the Site who are interested in retaining your services.

19. At your discretion, you may provide feedback to Claimside concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Claimside.  In the event ownership in the Feedback cannot be granted to Claimside, you grant Claimside at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that Claimside may disclose that Feedback to any third party in any manner and you agree that Claimside has the ability to sublicense all Feedback in any form to any third party without restriction.

20. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.  Claimside may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

21. You shall not transmit to Claimside or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

22. You may not use your username and password for any unauthorized purpose.

23. Claimside may retain and use, information collected in your use of the Service, provided such information does not individually identify you.

24. Claimside does not knowingly collect any information from anyone who Claimside knows to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Claimside. If Claimside discovers that a person under the age of 13 has provided Claimside with any personal information, Claimside will use commercially reasonable efforts to delete such person’s personal information from all Claimside systems.

25. Claimside may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service. 

26. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.  THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.  ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN ALEDO, TEXAS AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICITON OF SUCH COURTS.

27. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Claimside’s proprietary rights in them.

28. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CLAIMSIDE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES.  CLAIMSIDE MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CLAIMSIDE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  CLAIMSIDE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

29. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLAIMSIDE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF CLAIMSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CLAIMSIDE’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF CLAIMSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

30. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.  Each provision of this Agreement is a separately enforceable provision.  If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

31. The state or federal courts sitting in Parker County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Claimside shall not be liable to you for any delay or failure of Claimside to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Claimside. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.  This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.  Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules.  The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English.  The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.  The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

TERMS AND CONDITIONS

Rev. 20170410